City Council Minutes 2-21-172017-03-08T13:29:54-06:00

February 21, 2017

Members Present:
Diana Doutre
Lyle Holmgren
Jeff Reese
Bret Rohde
Lyle Vance
Roger Fridal, Mayor
Shawn Warnke, City Manager
Linsey Nessen, City Recorder


Mayor Fridal called the February 21, 2017 City Council Workshop to order at 6:00 p.m. The meeting was held in the City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham, Police Chief David Nance (arrived at 6:07 p.m.), and Treasurer Sharri Oyler. Also in attendance were: City Engineer Chris Breinholt, and Emergency Manager Jim Hess (arrived at 6:27 p.m.).

1. Review of agenda items on the 7:00 p.m. Council Meeting:

The Council reviewed the February 21, 2017 Agenda with the following items being discussed in more detail:

Public Comments. Mayor Fridal stated there will be twenty (20) minutes for public comments with each speaker allotted three (3) minutes. If there is one (1) speaker for the group, he will be allowed more time. Mayor Fridal noted the first one to give public comment will be Blaine Rupp. Mayor Fridal said the conference room will be available if The American Red Cross would like to use it tonight.

Resolution No. 17-08 – Agreement with Aqua Engineering. Director Fulgham said he received confirmation from the State that they will be issuing Garland a construction permit for their new Wastewater Treatment Plant (WWTP). Garland should be off Tremonton’s WWTP by late spring of 2018. The City will need to have Zions Bank re-do the Impact Fee Analysis and Aqua Engineering re-do the Capital Facilities part to reflect the changes without Garland City on Tremonton’s WWTP. It should give the City more capacity. Director Fulgham said it currently costs new home builders $8-10,000 for Impact Fees. The Council would like to see comparisons showing what other communities charge so they can be competitive but not higher than other communities.

Resolution No. 17-09 proposed annexation. Manager Warnke noted that through the Arbor View annexation, it came to the City’s attention that several areas around it are outside the incorporated City limits. It has been maintained as if it were in City limits. This will clean up the boundaries and make the lines straight. The County Commission did formally adopt a resolution that concurs with the annexation.

Resolution No. 17-10 amending Section IV: Alcohol and Drug free Workplace. Manager Warnke stated they received training from Utah Local Governments Trust. As a result, they added more details and specificity on procedures which make it a stronger, clearer policy. The City has random drug tests and pre-employment drug tests. The City can do random drug tests on employees in public safety; the safety sensitive provision allows the City to include crossing guards.

Awarding Bid for 2 new pick-ups for Public Works. Director Fulgham noted these are budgeted items. He received bids from the local companies. Heritage Motors came in with the lowest bid for a Dodge RAM, next was Heritage Motors for a Ford pick-up, and Crump/Reese had the highest bid for a Chevy pick-up.

2. Review of draft elements of the proposed secondary water study – Chris Breinholt, City Engineer and Paul Fulgham, Public Works Director

Engineer Breinholt said they worked on creating service areas for secondary water systems where the water would be pumped directly out of the canal system. He suggested the City start on Service Area 1, which includes areas by River Valley Subdivision and Spring Acres. It was noted that service Area 3 includes Chadaz and South Park areas.

Spring Acres is served by the pump station and can be expanded. The pumps would need to be put in the wells to expand Service Area 1. Director Fulgham noted they met with Darren McFarland and Curtis Marble from the Canal Company. The Canal Company has a pool of water shares that are not being used including some from Tremonton City. The City can lease the shares from the Canal Company and put the shares to beneficial use. The lease can change if someone needs their shares for more water use. Engineer Breinholt noted that River Valley has lines in the ground that are dry. This would tie them into the system.

Director Fulgham noted that between Spring Acres and River Valley there are about eighty (80) current secondary water users. Engineer Breinholt said the City should require homeowners to hook up to the secondary water if it comes to their house and they do not have a secondary water source. The current rate for secondary water is $14.10 per month year round. The study will help the City know if that rate needs to increase.

Engineer Breinholt noted Service Area 1 will save 120,000 gallons a day of culinary water. Service Area 2 would include Bear River Valley Hospital and Malt-O-Meal. It was noted that Service Area 3 is a big area with higher costs because it has no existing lines. The roads will be cut close to the curb to put in lines. The City will then do a directional bore to the center of the property line between two lots. Most of the lines will be six inches (6”) with a few that are bigger.

Councilmember Holmgren suggested the City have a set standard or amount for buying water shares. Engineer Breinholt said Wellsville requires three (3) acre feet per acre developed, Marriott-Slaterville requires developers to have and develop secondary water, and Willard does not require anything right now. He noted that about one-third of communities require water for developments. The way the Impact Fee Law is now, the City cannot justify collecting enough money to offset the actual costs. If the City develops the water in Service Area 1, 2, and 3, it would cover about one-third of the City.

The meeting adjourned at 6:55 p.m. by consensus of the Council.


Mayor Fridal called the February 21, 2017 City Council Meeting to order at 7:00 p.m. The meeting was held in the Tremonton City Council Meeting Room at 102 South Tremont Street, Tremonton, Utah. Those in attendance were Mayor Fridal, Councilmembers Doutre, Holmgren, Reese, Rohde, and Vance, City Manager Warnke, and City Recorder Nessen. The following Department Heads were also present: Public Works Director Paul Fulgham, Police Chief David Nance, and Treasurer Sharri Oyler. Also in attendance was Emergency Manager Jim Hess.

1. Opening Ceremony:

Mayor Fridal informed the audience that Boy Scouts of America Troop 140 requested to participate in the Opening Ceremony. He asked anyone who may be offended by listening to a prayer to step out into the lobby for this portion of the meeting. The prayer was offered by a scout from Troop 140 and the Pledge of Allegiance was led by Braxton Brown from Troop 140. Mayor Fridal thanked Troop 140 for participating in the Opening Ceremony and welcomed them.

2. Introduction of guests:

Mayor Fridal thanked all in attendance and welcomed Kevin Christensen from Bear River Health Department, and Scott Vest and Bill Malone from The American Red Cross.

3. Approval of Agenda:

Motion by Councilmember Holmgren to approve the agenda of February 21, 2017. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

4. Approval of minutes – February 7, 2017

Motion by Councilmember Vance to approve the minutes of February 7, 2017. Motion seconded by Councilmember Rohde. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

5. Public comments: Comments limited to three minutes.

Blaine Rupp stated they cannot handle any more water being pumped south. There has been a lot of snow and rain in the valley and it is flat and does not have much drainage. There are three (3) places to carry the water down and all the drain ditches are full and running over. You cannot send more water south because everyone south is flooded.

Mike Ransom said he moved to Tremonton six (6) years ago. Where he moved from, they had an EMT service that was paid for by the citizens on an annual basis. Everyone put money in like an insurance policy instead of waiting until a disaster and paying $1,000 to be transported. Mr. Ransom recommended implementing a program like his previous town that provided pre-paid EMT service and transportation insurance. The annual cost was $51 per household and covered all residents registered as living in the home. There was a similar arrangement that covered business establishments at a slightly higher cost of $56-57 a year. The City was in another state. Mr. Ransom gave the Council a phone number and name to contact in Arcadia, California for further information. He thanked the Council.

Jimmy Jones represented his neighborhood, which is located north of Buttars Tractor. Their neighborhood is under water. He stated that several others are also under water. His neighborhood has a small little retaining pond that has had problems with drainage. It will fill up with water and not drain. He stated they just found out that they are the lowest spot in Tremonton so all the water is coming down on them. Mr. Jones asked the Council if they would consider for the future, making a bigger retaining pond or fixing drains so the pond can drain a little better. Three (3) years ago they did not have near as much water as there is now but even then the water was over the banks and they were trying to keep water out of their houses. There is a lot going on in the County now and they are at the mercy of everyone else. He asked for help with the retaining pond because they are the lowest in that area of the City. He had to be lifted over several pipes just to get to City Council. Please keep them privy to what the Council is considering and take their advice on what to do. There are a lot of mad people. Please help with the retaining pond so they can handle more flow. If there is a bigger flood, they will lose their homes. The Council thanked Mr. Jones.

John Fronk from Golden Spike Polaris expressed gratitude to the City. Right now there is a firetruck pumping water across Main Street from his store. The water is almost to the store and still rising. He sympathizes with those south of Main Street, but it is not Tremonton City’s responsibility to retain the water north of Main Street. It should be allowed to flow south naturally the way it is supposed to. There should be some way to move water across the street in emergencies. It could be some emergency culverts. The water is being pumped across Main Street to a ditch. It is logical to have some kind of way to get water across the street fast. The water has to go south no matter what. Mr. Fronk noted that Richard Nicholas told him there is a ditch east of town that goes to the Bear River Bird Refuge that is totally empty. Maybe there are some pathways to send the water safely. This is not the first time this has happened but it is the worst time. Mr. Fronk’s parking lot has been filled with water multiple times. They re-did the parking lot in the past so there was more slope from the store. The water is coming from the west and east into his parking lot. Main Street is serving essentially as a dam. There must be an emergency way to get the water across and it would save a lot of money. Mr. Fronk thanked the Council for sending the firetrucks out to help.

Richard Nicholas noted that what Blaine Rupp said is true. He does not want anyone south of him to get it worse. Everyone has problems. His biggest frustration is that the water from Box Elder County Fairgrounds to Charlie Taylor’s Quonset shed crosses the highway to his business. From there to the road it goes to the hospital. Every bit of that crosses in front of his business. Is there a way to accommodate and get rid of the water quicker? He does not feel like he should be the one that has to take all that water. It crosses Main Street in one place and that is right in front of his business. It is a mile and a quarter square of property. The water is rising on his property and pumping all the water coming from West Liberty Foods and all that. It comes down and hits the ditch and runs right over him. He is grateful to the City for what they’ve done. There is nothing in the field to damage. Why do they need to get rid of the water in the field before they can get rid of his water?

Mr. Nicholas sympathizes with everybody. Some people have it worse than he does. He does not feel that one person should take the brunt of all that water in all that area in one spot. It’s been over eighteen inches (18”) in the parking lot. There is asphalt under the water that is being ruined. It is not the first time it has happened. We need to find a way, in more than one place, to get the water across. It won’t accommodate it. Blaine Rupp is right, it goes down and floods people down there too. He does not know what to do. If there is only going to be one drain, he is going to say something. It seems there needs to be more than one place to take it. His understanding is that UDOT (Utah Department of Transportation) has some responsibility here for sure.

Laura Mahnke is in Jimmy Jones’ neighborhood. She wonders if some of the snow could have been hauled out and there wouldn’t have been the drain off they have. If there is an emergency in our neighborhood, there is only one exit. Right now there are big pipes across the road and an ambulance couldn’t make it in for an emergency. She does not know if Life Flight could get in. There are some concerns in her subdivision.

Mayor Fridal stated the Council will discuss the information at another City Council meeting. Public comments are an opportunity for the City to learn. The Council never acts until they meet again and have it as an agenda item. He appreciates everyone coming. He asked The American Red Cross if they had information to share.

Scott Vest with The American Red Cross of Northern Utah said they are involved in disaster assistance and recovery. Tomorrow night will be a Multi Agency Resource Center (MARC) in Box Elder. He had flyers for the event, which was to be held at the Aldersgate United Methodist Church. MARC has several volunteer agencies such as Team Rubicon, UMCOR, Salvation Army, and others that will be in attendance. If someone needs any assistance that The American Red Cross cannot offer, they have all the other partners that might be able to help them with different needs. It is from 7:30 p.m. – 9:00 p.m. tomorrow night. They can talk about their needs and see what they can do to help them. Mayor Fridal thanked Mr. Vest.

6. Presentations:

a. Overview of CodeRED emergency notification system – Jim Hess, Emergency Manager

Emergency Manager Jim Hess gave a brief overview of the CodeRED notification system. It was purchased through the County with some funds from the City. It is a type of reverse 911. The City can access it to send out notices. Those already hooked to CodeRED have received several notices from Box Elder County Emergency Management. If you have Frontier for your phones, the numbers are already in the system. If you only have a cell phone or an internet based phone, you have to go online and register.

CodeRED allows the City to send out recorded phone messages, text messages, and emails. Each individual can specify how they would like to receive messages. It can also send out public notices or emergency evacuations and can get the information out to thousands very quickly.

To register phones and cell phones see links on Box Elder County’s Facebook page and Tremonton City’s website under Emergency Management. You can register all cell phones and pick the type of notifications you would like to receive. Enrollment has doubled since the flood situation started. If the address on the map is not accurate during registration, you can move the pin to the correct location. The database is stored back east and can send out tens of thousands of messages at a time.

7. New Council Business:

a. Discussion and consideration of adopting Resolution No. 17-08 approving a Professional Services Agreement with Aqua Engineering, Inc. for the update and revision of an Impact Fee Facilities Plan, Impact Fee Analysis, and Capital Facilities Plan for Wastewater Treatment Plant previously prepared under Resolution No. 14-41

Manager Warnke noted it will cost $10,800 for the updates and revisions. Councilmember Vance said this item was discussed in great length in the City Council Workshop before City Council.

Motion by Councilmember Vance to adopt Resolution No. 17-08 approving the Professional Services Agreement with Aqua Engineering. Motion seconded by Councilmember Reese. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

b. Discussion and consideration of adopting Resolution No. 17-09 accepting the proposed annexation of certain real property, consisting of segments of Rocket Road in close proximity to the Tremonton City Cemetery and Tremont Place Subdivision Phase 1 and a segment of 100 East just south of Rocket Road, under the provisions of Sections 10-2-403 and 10-2-405, Utah Code Annotated, 1953, as amended

Manager Warnke stated this is on the south boundary of Tremonton City. Certain sections of Rocket Road and 100 East are currently outside the City. It is more efficient to have one jurisdiction for a continuous stretch of road. The City and County are working in conjunction for this annexation.

Motion by Councilmember Holmgren to adopt Resolution No. 17-09 and accept this annexation that Shawn described. Motion seconded by Councilmember Doutre. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

c. Discussion and consideration of adopting Resolution No. 17-10 amending, deleting, and adding to Section IV: Alcohol and Drug Free Workplace of the Tremonton City Personnel Policies and Procedures Manual

Manager Warnke commented this is an ongoing effort by the City to update and keep the Personnel Policies in shape. This resolution made some improvements to the Drug Free Workplace Policy.

Motion by Councilmember Reese to adopt Resolution No. 17-10. Motion seconded by Councilmember Rohde. Roll Call Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

d. Discussion and consideration of awarding bids to purchase pickup trucks for the Streets Department and Water Department

Councilmember Reese stated he will abstain from this item. Director Fulgham noted that part of the 2016-2017 Budget included the purchase of two (2) new pickups. They budgeted $35K for each pickup. The local bids came back at $26,805 for a Dodge Ram from Heritage Motors, $29,392.56 for a Ford pickup from Heritage Motors, and $30,097.10 for a Chevrolet pickup from Crump/Reese Motors. All trucks are half (½) ton four wheel drive (4WD). The low bid is for the Dodge Ram. Director Fulgham recommended going with the low bid.

Motion by Councilmember Holmgren to award the bid for the Dodge Ram truck at the low bid. Motion seconded by Councilmember Vance. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – abstain, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

8. Reports and Comments

a. City Manager Reports and Comments

Manager Warnke noted the City participated with Cache Valley Transit District (CVTD) to do a travel demand study to determine if there was demand for a transit route between Tremonton and Cache Valley. The Cache Valley Transit District will be invited to a future City Council to present the findings. Manager Warnke sent some information via email to the Council. It was also posted to the City’s website and Facebook page. Right now they are gathering evidence to see if there should be a further study. It appears there is some evidence showing a need for transportation. The cost for two (2) areas on a six (6) or seven (7) day week schedule would cost over $250K.

b. City Department Head Reports and Comments

1. Wastewater Treatment Plant Operations, Paul Fulgham, Public Works

Director Fulgham said the Wastewater Treatment Plant (WWTP) has been pushing water through the plant and getting the primary treatment so it can go to the river. The ultraviolet (UV) light system that disinfects is being run at one-hundred percent (100%) to help take care of E. coli bacteria. Reports will go to the State as they are run. There is 4M gallons a day going through the WWTP, which is the maximum the pump can do per day. There is a lot of ground water that has impacted the WWTP. Everyone in northern Utah is facing this same issue.

Councilmember Doutre asked if anyone has been caught dumping sump pump water into the sewer. Director Fulgham said you must have probable cause by witnessing it through the sewer. There is no way to put a camera in now because of the water. Once you have probable cause, then you must get a warrant to search the premise. It is a class C misdemeanor in our Code and against Federal Law under The Clean Water Act to comingle sewage water with ground water and storm water. It is hard to catch someone in the act. The City recommends pumping sump water all the way to the gutter. If it is pumped out close to the home, the water will continue to recycle back to the foundation.

2. Small Urban Road Committee Meeting, Paul Fulgham, Public Works

Director Fulgham stated he may be able to get Federal funds to help do another road project in 2022. He suggested the City do the section of road over the Bothwell ditch before applying. If Federal funds are used for the section over the ditch, UDOT will consider the ditch historical and the City would be required to document and do studies of the environmental impact.

3. Main Street & Tremont Street Traffic Control Signal improvements, Paul Fulgham, Public Works

Director Fulgham notified the Council the stop light at Main Street and Tremont Street will be removed and new bases, conduit under the street, and handicapped accessibility ramps will be installed. Tremont Street will be shut down and rerouted during the project. The (metal) conduit under the ground has rotted and collapsed and new wire cannot be run. UDOT usually installs vehicle sensors during upgrades and they talked about putting in separate poles for the pedestrian signals. The project is funded by UDOT.

The City purchased pedestrian crossings for three (3) different locations on Main Street that will be installed in the spring.

c. Council Reports and Comments

Councilmember Vance noted the Bear River Valley Chamber of Commerce merged with the Brigham City Chamber of Commerce. It has been a good move for the area and been very positive. They changed the name to the Box Elder County Chamber. It will be a good thing for both communities.

Councilmember Doutre thanked everyone who was involved with the excess water. Volunteers have come out to do sandbags and help. The Fire and Police Department spent a lot of time working to clean up the mess. She appreciates those that went the extra mile. Councilmember Holmgren and Mayor Fridal were also very involved.

Councilmember Reese agreed with Councilmember Doutre.

Councilmember Holmgren agreed and thanked all that helped. He appreciated the loan of a pump. The neighborhood north of Buttars Tractor are ordinary people that did an extraordinary thing. They came together and helped one another.

Councilmember Rohde thanked the volunteers that came to help on Sunday and Monday. The word was out and people came to help. We have a great community.

Mayor Fridal said we have an awesome community and it was nice to see people come. There are some issues in the community and we will continue to have them. We will do our absolute best to make it as good as we can. The City has great staff that worked hard to make the City function and work. He expressed his appreciation.

The Council did not go to closed session.


a. Strategy session to discuss the purchase of real property when public discussion of the transaction would disclose the appraisal or estimated value of the property under consideration or prevent the public body from completing the transaction on the best possible terms

10. Adjournment.

Motion by Councilmember Reese to adjourn the meeting. Motion seconded by Councilmember Doutre. Vote: Councilmember Doutre – aye, Councilmember Holmgren – aye, Councilmember Reese – aye, Councilmember Rohde – aye, and Councilmember Vance – aye. Motion approved.

The meeting adjourned at 7:53 p.m.

The undersigned duly acting and appointed Recorder for Tremonton City Corporation hereby certifies that the foregoing is a true and correct copy of the minutes for the City Council Meeting held on the above referenced date. Minutes were prepared by Deputy Recorder Cynthia Nelson.

Dated this 7th day of March, 2017.
Linsey Nessen, City Recorder